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One of the criteria to qualify for deferred action as a childhood arrival is continuous residence. Continuous residence will not be considered interrupted is one’s absence is “brief, casual, and innocent.

According to USCIS guidelines, absence will be considered brief, casual, and innocent if it was before August 15, 2012, and:

The absence was short and reasonably calculated to accomplish the purpose for the absence;

The absence was not because of an order of exclusion, deportation, or removal;

The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and

The purpose of the absence and/or your actions while outside the United States were not contrary to law.

To qualify for consideration, one must meet the seven (7) criteria. The criteria are listed here.

When can application be submitted?

Application for consideration can be submitted starting Aug. 15, 2012.

What is the filing fee?

The filing fee as of Aug. 16, 2012 is $465.

Do I get a greencard if my application is granted?

No. If application is granted, applicant will be offered deferred action, which means that applicant will not be deported for two years. The applicant will also be able to work legally in the US. Applicant may renew this status at the end of the two year period.

Will I be place in removal proceeding if my application is rejected?

According to USCIS brochure, if your case does not involve a criminal offense, fraud, or a threat to national security or public safety, your case will not be referred to ICE for purposes of removal proceedings except if DHS determines there are exceptional circumstances.

To qualify for consideration for deferred action for childhood arrival, one must meet the following criteria:

1. Born after June 15, 1981;2. Arrived in the United States before the age of 16;3. Have continuously resided in the United States since June 15, 2007, up to the present time;4. Were present in the United States on June 15, 2012;5. Entered without inspection before June 15, 2012 or your lawful immigration status expired as of June 15, 2012;6. Are currently in school, graduated or received a certificate of completion from high school, obtained a general educational development certificate (GED), or that you are an honorably discharged veteran of the Coast Guard or U.S. Armed Forces; and7. Are at least 15 years of age at the time of filing, if you have never been in removal proceedings or if your case was terminated before your request.

DHS has stated that those people whose cases have been administratively closed may be eligible to apply for an employment authorization document (EAD) pursuant to recent announcements on recommended treatment of low priority deportation cases. However, the legal basis for the EAD, specifically, what factors might be used to grant or deny an EAD application under this policy and the validity period of the EAD have not been explained.

To deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication launched a new design for EAD (Employment Authorization Document) Cards. EAD cards currently in circulation are still effective and do not need to be replaced until the expiration date.

The change of the design does not change the process to apply for EAD Card. To see the new design please visit USCIS webpage.